Allowed

Sunil Sah @ Sunil Kumar v. The State Of Bihar and Anr.

Patna HC10 Jan 2019CR. MISC./79991/2018

Case brief

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What is this about?

The court directed the petitioner to surrender within four weeks to obtain provisional bail for six months in a dowry-related case. Bail is contingent on reconciliation; it will be confirmed if disputes resolve or further orders passed if they do not.

What did the court decide?

Direction to surrender within four weeks for provisional bail of six months, conferable on reconciliation; otherwise, trial court to decide bail after six months.

Sunil Sah @ Sunil Kumar Vs The State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.79991 of 2018

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Arising Out of PS. Case No.-738 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali

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====================================================== Sunil Sah @ Sunil Kumar son of Lakhan Sah, resident of village Sahatha, P.S. Bhagwanpur, District Vaishali.

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... ... Petitioner/s

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Versus

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State of Bihar

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Chandani Kumari, wife of Sunil Sah, resident of village Sahatha, P.S. Bhagwanpur, District Vaishali, daughter of Ramprit Sah, resident of village Sultanpur, P.S. Desari, District Vaishali.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bela Singh For the Opposite Party/s : Mr.Sri Ashok Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 10-01-2019 Heard both sides.

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The petitioner apprehends his arrest in Complaint Case No.738 of 2017 registered under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Learned counsel for the petitioner submits that the petitioner is husband and he is ready to keep his wife.

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Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for six months, after issuing notice to the complainant, on furnishing bail bond

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Patna High Court Cr.Misc. No.79991 of 2018(2) dt.10-01-2019 2/2

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of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Vaishali in connection with Complaint Case No.738 of 2017 (Trial No.2830 of 2018/Tr.No.3695 of 2017), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of petitioner immediately after lapse of six months.

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(Prabhat Kumar Jha, J)

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Harish/-

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Sunil Sah @ Sunil Kumar v. The State Of Bihar and Anr.

Case brief

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Sunil Sah @ Sunil Kumar v. The State Of Bihar and Anr.

Case brief

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